UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC



### Issued by the Department of Transportation on November 10 , 20 11

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

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___________________________________________ ______________________________________________________________ ____________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Applic ation of US AIRWAYS, INC. (US AIRWAYS) filed 9/14/11 for:

XX Renewal of e xemption for two years under 49 U.S.C. 40109 to provide the following services:

Scheduled foreign air transportation of persons, property and mail between points in the United Sta tes and points worldwide on a third

- country code

- share basis pursuant to its arrangement with the TACA Group carriers

. 1

Applicant rep: Howard Kass (202) 326

- 5153 DOT Analyst: Brett D. Kruger (202) 366

- 8025

DISPOSITION

XX Approved , subject to conditions

The above action granting exemption authority was effective when taken : November 10 , 20 11 , through

November 10 , 201 3

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The autho rity granted is consistent with the aviation agreement s b etween the U nited States and

the homelands of U S Airways’ foreign code

- share partners listed in this Notice.

Except to the extent exempted or waived, this authority is subject to the terms, conditio ns, and limitations

indicated:

XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached as Appendix A )

XX Code

- share conditions previously imposed in this docket.

Remarks: The ex emption authority granted here is for operations with the foreign code

- share partners

named in this Notice . Should US Airways and any new code

- share partner be granted statements of authorization, US Airways will need to apply for exemption authority to the extent necessary to permit US Airways to display its code on flights operated by the new code

- share partners and will need to have

conducted code

- share safety audits of its foreign partners prior to receipt of authority for such code

- share

services

.

______________________________________________________________________________ ______ On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant qualified to provide the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the exemption authority was consistent with the public interest; and (3) grant of the authority would not constitute a major federal action under the

1 The TACA Group carriers and their homelands are as follows: TACA I nternational A irlines , S.A. (TACA)

– El Salv ador; L ineas A ereas Costarricenses , S.A. (LACSA )

– Costa Rica; AVIATECA S.A. (AVIATECA)

– Guatemala; and Trans American Airlines, S.A. d/b/a TACA Peru (TACA Peru)

– Peru.Energy Policy and Conservation Act of 1975. To the extent not granted, we denied all requests in the

referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time

with out hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within sev en ( 7 ) days after the date of

issuance of t his Notice. This action was effective when taken, and the filing of a petition for review will

not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://w ww.regulations.gov

### Appendix A

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) C omply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance c overage, and for certifying that coverage to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, but not li mited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) to or from a foreign airport, contact its Principal Secu rity Inspector (PSI) to advise the PSI of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served ;

(7) Comply with such other reasonable terms, conditions , and limitations required by the public interest as may be prescribed by the Department of Transportation, with all applicable orders and regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority gran ted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

1/2008